USPTO Patents Application 10597633

PATENT COOPERATION TREATY

From the

INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY

To:

PAUL FENSTER

FENSTER & COMPANY, INTELLECTUAL PROPERTY LTD.

P.O. BOX 10256

PETACH TIKVA, ISRAEL 49fi02^ ^ «*«S1

t^^I^

PCT

\ NOTIFICATION OF TRANSMITTAL OF

£fc \ INTERNATIONAL PRELIMINARY
\ REPORT ON PATENT ABI LIT Y
\ (Chapter II of the Patent Cooperation Treaty)

\ (PCT Rule 71.1)

^Date if mailing ft ■i/i*ri
^/Aomh/year) Zl APR Z 0 10

Applicant's or agent's file refcWdfe • ^.l^--^ — ~"

414/04391

IMPORTANT NOTIFICATION

International application No. International filing date (day/month/year) Priority date {day/month/year) 1
PCT/ILO5/00I38 04 February 2005 (04.02.2005) 05 February 2004 (05.02.2004)

Applicant !
RE ABILITY, INC.

I . The applicant is hereby notified that this International Preliminary Examining Authority transmits herewith the

international preliminary report on patentability and its annexes, if any, established on the international application.

2. A copy of the report and its annexes, if any, is being transmitted to the International Bureau for communication to all
the elected Offices.

3. Where required by any of the elected Offices, the International Bureau will prepare an English translation of the
report (but not of any annexes) and will transmit such translation to those Offices.

4, REMINDER

The applicant must enter the national phase before each elected Office by performing certain acts (filing translations
and paying national fees) within 30 months from the priority date (or later in some Ofi1ces)( Article 39(l))(see also
the reminder sent by the International Bureau with Form PCT/1B/301).

Where a translation of the international application must be furnished to an elected Office, that translation must
contain a translation of any annexes to the international preliminary report on patentability. It is the applicant's
responsibility to prepare and furnish such translation directly to each elected Office concerned.

For further details on the applicable time limits and requirements of the elected Offices, see Volume II of the PCT

Applicant 's Guide,

The applicant's attention is drawn to Article 33(5), which provides that the criteria of novelty, inventive step and
industrial applicability described in Article 33(2) to (4) merely serve the purposes of international preliminary
examination and that "any Contracting State may apply additional or different criteria for the purposes of deciding
whether, in that State, the claimed invention is patentable or not" (see also Article 27(5)), Such additional criteria
may relate, for example, to exemptions from patentability, requirements for enabling disclosure, clarity and support
for the claims.

Name and mailing address of the IPEA/ US

Authorized officer

Mail Stop PCT, Ann; 1PEA/US

Commissioner for Patents

MICHAEL BROWN

P.O Box 1450

Alexandria, Virginia 22313-1450

Telephone No. 57 1 -272-4972

Facsimile No.

Form PCf/l PEA/4 16 (January 2004)

PATENT COOPERATION TREATY

PCT

INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY

(Chapter II of the Patent Cooperation Treaty)

(PCT Article 36 and Rule 70)

Applicant's or agent's file reference
414/04391

International application No.
PCT/IL05/00138

FOR FURTHER ACTION

See Form PCT/IPEA/416

International filing date (day/month/year)
04 February 2005 (04.02.2005)

Priority date (day/month/year)
05 February 2004 (05,02,2004)

International Patent Classification (IPC) or national classification and IPC

IPC: A61H 1/00(2006.01)

USPC: 601/5

Applicant
REABILITY, INC.

1. This report is the international preliminary examination report, established by this International Preliminary
Examining Authority under Article 35 and transmitted to the applicant according to Article 36,

2. This REPORT consists of a total of^^. sheets, including this cover sheet.

3. This report is also accompanied by ANNEXES^ comprising:

(sent to ikt applicant and to the International Bureau) a total of J&__ sheets, as follows:

1 Vn sheets of the description, claims and/or drawings which have been amended and are the basis of
this report and/or sheets containing rectifications authorized by this Authority (see Rule 70.16
and Section 607 of the Administrative Instructions).

I | sheets which supersede earlier sheets, but which this Authority considers contain an amendment
that goes beyond the disclosure in the international application as filed, as indicated in item 4 of
Box No. I and the Supplemental Box,

b, (sent to the International Bureau only) a total of (indicate type and number of electronic carrier(s))

, containing a sequence listing and/or tables related thereto, in electronic form only, as

indicated in the Supplemental Box Relating to Sequence Listing (see Section 802 of the
Administrative Instructions).

4. This report contains indications relating to the following items:

□
□

□

Box No. I
Box No. II
Box No. Ill

Box No. IV

Box No. V

I | Box No. VI
I | Box No. VII
I | Box No. VIII

Basis of the report
Priority

Non-establishment of opinion with regard to novelty, inventive step and industrial
applicability

Lack of unity of invention

Reasoned statement under Article 35(2) with regard to novelty, inventive step or
industrial applicability; citations and explanations supporting such statement

Certain documents cited

Certain defects in the international application

Certain observations on the international application

Date of submission of the demand

17 January 2006 (17.01. 20Q6)

Date of completion of this report
31 March 2010(31.03.2010)

Name and mailing address of the IPEA/ US
Mail Stop PCT. Attn; IPEA/US
Commissioner for Patents
P.O. Box 1450

Alexandria, Virginia 22313-1450

Facsimile No,

Authorized officer

MICHAEL BROWN

Telephone No. 571-272-4972

Form PCT/IPEA/409 (cover sheetX April 2007)

INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY

international application No.
PCT/EL05/0013S

Box No. 1 Basis of the report

1. With regard to the language, this report is based on:

the international application in the language in which it was filed.

a translation of the international application into English . which is the language of a translation furnished for the
purposes of:

I I international search (under Rules 12.3(a) and 23. 1 (b))

publication of the international application (under Rule 12.4(a))
I I international preliminary examination (under Rules 55.2(a) and/or 55.3(a))

2. With regard to the elements of the international application, this report is based on (replacement sheets which have been furnished
to the receiving Office in response to an invitation under Article 14 are referred to in this report as "originally filed" and are not
annexed to this report):

the international application as originally filed/furnished
the description:

pages as originally filed/furnished

pages'* NONE received by this Authority on

pages* NONE received by this Authority on

the claims:
pages NONE

pages* NONE
pages* 26-31

pages* NONE

as originally filed/furnished

as amended (together with any statement) under Article 1 9
received by this Authority on 17 January 2006 (17.01.2006)
received by this Authority on

the drawings:
pages 1-9

pages* NONE

pages* NONE

as originally filed/furnished
received by this Authority on
received by this Authority on

□ a sequence listing and/or any related table(s) - see Supplemental Box Relating to Sequence Listing.
3, |_1 The amendments have resulted in the cancellation of:

□
□

the description, pages
the claims, IMos.

I | the drawings, sheets/figs

□

the sequence listing {specify):

any table(s) related to the sequence listing {specify):

^' 1 1 This report has been established as if (some of) the amendments annexed to this report and listed below had not been made,
since they have been considered to go beyond the disclosure as filed, as indicated in the Supplemental Box (Rule 70.2(c)).

□
□
□
□

the description, pages
the claims, Nos.

the drawings, sheets/figs

the sequence listing (specify):
any table(s) related to the sequence listing (specify):

5- □ This report has been established taking into account the rectification of an obvious mistake authorized by or notified to this
Authority under Rule 91 (Rule 70.2(e)).
If item 4 applies, some or ail of those sheets may be marked "superseded. "

Form PCT/IPEA/409 (Box No. I) (April 2007)

INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY

International application No.
PCT/IL05/00138

Box No. V Reasoned statement under Article 35(2) with regard to novelty, inventive step or industrial

applicability; citations and explanations supporting such statement

Novelty (N)

Claims NONE

YES

Claims 1-55

NO

Inventive Step (IS)

Claims NONE

YES

Claims 1-55

NO

Industrial Applicability (IA)

Claims 1-55

YES

Claims NONE

NO

2, Citations and Explanations (Rule 70.7)

Claims 1-17 and 40-55 lack novelty under PCT Article 33(2) as being anticipated by RogozinskL

Claims 18-39 lack novelty under PCT Article 33(2) as being anticipated by Martin et al.

Claims 1-55 meet the criteria set out in PCT Article 33(4), and thus meet industrial applicability because the subject matter claimed can
be made or used in industry.

NEW CITATIONS

Form PCT/IPEA/409 (Box No. V) (April 2007)

414/0493! A01

PCT/IL2005/000138 19.04.2007

CLAIMS

1 . A method for gait rehabilitation, comprising:
identifying at least one deficient gait element;

exercising said deficient gait element individually using a rehabilitation apparatus;

and

exercising said deficient gait element in concert with at least one other gait element
in more than one plane on the same side of the body, using said rehabilitation apparatus.

2. A method of claim I, wherein gait elements are chosen from a group consisting of
feet, legs, hips, torso, shoulders, head, hands and arms,

3. A method of claim 1, further comprising exercising a complex gait.

4. A method of claim 3, wherein a complex gait is chosen from the group consisting of
balance, overcoming obstacles, moving backwards, movement on steps, turning, movement
on slopes and varying speed.

5. A method of claim 1, wherein said gait rehabilitation is performed sitting down.

6. A method of claim 5, wherein said gait rehabilitation is performed in a wheelchair.

7. A method of claim l s wherein said gait rehabilitation is performed utilizing an object
designed to assist with movement.

8. A method of claim 7, wherein said object is selected from a group consisting of a
walker, crutches, ski poles, a walking stick or a cane.

9. A method for gait rehabilitation, comprising:

detecting the positions of at least one gait element during movement;
recording the detected positions of the at least one gait element, wherein position
recordings are made;

displaying said position recordings of the at least one gait element; and
exercising at least one gait element based on said display of said recording.

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414/04931 A01

PCT/IL2005/000138 19.04.2007

10. A method of claim 9, wherein a gait element is chosen from a group consisting of
feet, legs, hips, torso, shoulders, head, hands and arms.

11. A method of claim 9, wherein at least one position sensor is used for said detecting.

12. A method of claim 9, wherein at least one optical sensing device is used for said
detecting,

13. A method of claim 9, wherein at least one position sensor and at least one optical
sensing device is used for said detecting.

14. A method of claim 9, wherein said position recordings are of movements performed
by a person undergoing rehabilitation.

15. A method of claim 9, wherein said position recordings are of movements performed
by a person not undergoing rehabilitation.

16. A method according to any of claims 9-15, wherein said exercising is analyzed in
comparison to said position recordings,

17. A method of claim 16, wherein additional exercise is performed based on said
analysis.

1 8. Apparatus for rehabilitation comprising:

a motorized pedal adapted to be moved in a plane perpendicular to a surface; and
a track adapted to support said pedal and a weight of a patient of at least 40 Kg when
said pedal moves at a line near and parallel to said surface.

19. Apparatus for rehabilitation, comprising:

a first motor, wherein said first motor provides movement to components of the
apparatus on an x-axis generally parallel to a surface;

27

414/04931 AO 1

PCT/IL2005/000138 19.04.2007

a second motor, wherein said second motor provides movements to components of
the apparatus on a z-axis generally perpendicular to a surface; and

at least one foot pedal component, wherein said foot pedal is operationally connected
to said first and second motors and wherein said foot pedal rotates in a plurality of axes,

20. Apparatus according to claim 19, comprising a track for supporting a weight of a
patient when said pedal travels along said x-axis with said z-axis being at a minimum value.

2 1 . Apparatus according to claim 1 9, comprising a foot rest;

wherein when a weight of a patient is placed on said foot rest, said first and second
motors vary the amount of movement force provided to said foot pedal component.

22. An apparatus of claim 21 , wherein said apparatus is adapted to be used in water,

23. An apparatus of claim 21 , wherein said apparatus is portable,

24. An apparatus of claim 21, wherein said foot pedal is equipped with pressure sensors
in order to gauge and analyze the patient's force applied on at least one location by a foot of
the patient.

25. An apparatus of claim 21, wherein said foot pedal has the capability to extend and
retract along a y-axis perpendicular to said axes.

26. An apparatus of claim 25, wherein turning is exercised by utilizing at least the
rotational and extension capabilities of said foot pedal while the patient follows a
hypothetical curved path.

27. An apparatus of claim 21 , wherein said foot rest is a treadmill.

28. An apparatus of claim 21, wherein said foot rest is a second motorized foot pedal.

29. An apparatus of claim 28, wherein said apparatus varies the power to each of said
pedals according to a placement of weight of said patient.

28

414/04931 A01

i

PCT/IL2005/000138 19.04:2007

30. An apparatus of claim 21, wherein said apparatus further comprises extending
support legs for apparatus stability enhancement

31. An apparatus of claim 2 1 , wherein said foot pedal can be attached to the apparatus at
either side,

32. An apparatus of claim 21, wherein the travel of said foot pedal in the z axis is 20-50
centimeters,

33. An apparatus of claim 21 , wherein said foot pedal is connected to the apparatus at the
bottom of said foot pedal .

34. An apparatus of claim 21, wherein said foot pedal is adapted to receive a prosthetic
foot.

35. An apparatus of claim 28, where said second foot pedal is adapted to receive a
prosthetic foot.

36. An apparatus of claim 21, wherein said motors vary movement to at least some
components of said apparatus based on patient use of a walking aid.

37. An apparatus of claim 36, wherein said walking aid is selected from a group
consisting of a cane, crutches, ski poles, a walking stick or a walker.

38. An apparatus of claim 21, wherein said patient exercises with said apparatus while in
a seated position.

39. Apparatus for gait training, comprising:

at least one element adapted to move a foot of a patient;
at least one armpit support; and

at least one motor adapted to move said armpit support such that a patient supported
by said support is moved from a sitting posture to a standing posture.

29

■

414/04931 A01

PCT/IL2005/000138 19-04.2007

40. Apparatus for gait training, comprising:

at least one element adapted to move a foot of a patient;

at least one chair having a seating surface; and

at least one motor adapted to tilt said seating surface.

41 . Apparatus according to claim 40, wherein said seat lifts while tilting,

42. An apparatus of claim 40, wherein said chair rotates around a vertical axis,

43. An apparatus of claim 41, comprising a backrest and wherein when said chair is
moved by said motor, the relationship between said seat and said backrest varies.

44. An apparatus of claim 43, wherein said chair is provided with at least one torso
support.

45. An apparatus of claim 43 s wherein said backrest is articulated.

46. A method of gait rehabilitation, comprising:

attaching a pedal rotatable in a plurality of axes to a foot of a patient; and
automatically controlling the rotating said pedal to rehabilitate said patient

47. A method according to claim 46, wherein said rotating is in at least two axes.

48. A method according to claim 46, comprising automatically controlling the translation
said foot during said rotating.

49. A method according to claim 46, wherein controlling the rotating comprises
restricting the rotation range.

50. A method according to claim 46, wherein controlling the rotating comprises
restricting the rotation angle.

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414/04931 AOl

PCT/IL2005/000138 19.04.2007

51, A method according to claim 46, wherein controlling the rotating comprises applying

a resistive force to rotation.

52. A method according to claim 46, wherein controlling the rotating comprises; causing *
said rotation. x

53. A method according to claim 46, wherein controlling the rotating comprises initiating
said rotation and allowing the rotation to continue to completion of a desired amount.

54. A method according to claim 46, comprising rehabilitating two feet concurrently.

55. A method according to any of claims 46-54, wherein said pedal is movable in a plane
perpendicular to a surface and wherein said automatically controlling the rotation is
responsive to movement of said pedal in said plane.

31

Sequence Listings and Tables Related Thereto in
International Applications filed in the U.S. Receiving Office

The Administrative Instructions (Als) under the Patent Cooperation Treaty (PCT), in force as of July 1, 2009,
contain important changes relating to the manner of filing, and applicable fees for, sequence listings and/or
tables related thereto (sequence-related tables) in international applications. The complete text may be accessed
at http;'/ www.wipo.int/pct/en/texts/index.htm.

Effective July 1, 2009, Part 8 and Annex C-bis will no longer form part of the Als. Part 8 was introduced in
2001 as a temporary solution to problems arising from the filing of very large sequence listings on paper and
provided for a sequence fisting forming part of the international application to be filed in electronic form on
physical medium {e.g., CD), together with the remainder of the application on paper. In 2002, Part 8 was
expanded to include sequence-related tables and Annex C-bis was added to provide technical requirements. Ail
applicants may now File complete international applications in electronic form, eliminating the need for these
temporary provisions.

I. Als Part 8 and annex C-bis deleted as Of July /, 2009

A) Sequence-related tables cannot be filed as a separate part of the description or in text format. They
must be provided as an integral part of the international application either:

• in PDF format as part of an international application filed in electronic form via EPS- Web; or
■ on paper as part of an international application filed on paper.

B ) A sequence listing forming part of an international application may be provided either:

• in electronic form, as part of an international application filed in electronic form via EFS-Web, in
■ Annex C/ST.25 text format (preferred), or

• PDF format; or

• on paper as part of an international application filed on paper.

C) A sequence listing not forming part of the international application (for search under PCT Rule
\3ter) in Annex C/ST.25 text format

• is not required where the sequence listing forming part of the international application was filed in
Annex C/ST.25 text format as part of an international application filed in electronic form via EFS-
Web

• is required for search where the sequence listing forming part of the international application was
filed in PDF

• is required for search on physical medium (e.g., CD) where the sequence listing forming part of the
international application was filed on paper as part of an international application filed on paper.

II. Calculation Of The International Filing fee And Fee Reduction Under Al § 707

A) A sequence-related table must form an integral part of the international application and will incur FULL
page fees with no upper limit

B) A sequence listing forming part of an international application filed:

• via EFS-Web in Annex C7ST.25 text format will incur NO page fees;

• on paper or in PDF format will incur FULL page fees with no upper limit.

III. AVAILABILITY OF SEQUENCE LISTINGS SUBMITTED FOR SEARCH UNDER PCT RULE 13TER

International Searching Authorities will be required to transmit to the International Bureau a copy of an
Annex C'ST.25 text format sequence listing provided for search under PCT Rule \ 3ter. Any such sequence
listing will be made available on PATENTSCOPE® (sequence listings forming pari of the international
application are already available).

IV. Ji lv 2009 Request fPCT/RO/lon

The Request now has two options for the last sheet: one for paper filings; and one for EFS-Web filings. The
July 2009 Request may be accessed at http://www.wipo.int/pct/en/forms/index.htm.